Can a Company in germany rescind a job offer before the contact is made?

13 posts in this topic

I had accepted a position at a pretty great academic institute here in Germany and all was done but the contract. The Institute rescinded the offer after 4 weeks. I also have an email from the HR  offering me the position along with the start date. This job posiiton required me to move to a different city so i have terminated my housing contract. Now i have no job, and soon no place to live. What are my options? 

0

Share this post


Link to post
Share on other sites
1 hour ago, tremlanquer said:

Can a Company in germany rescind a job offer before the contact is made?

Yes.

 

The first thing to do was sign the contract. Only after should you have proceeded to sort everything else out.

1

Share this post


Link to post
Share on other sites
1 hour ago, tremlanquer said:

I had accepted a position at a pretty great academic institute here in Germany and all was done but the contract. The Institute rescinded the offer after 4 weeks. I also have an email from the HR  offering me the position along with the start date. This job posiiton required me to move to a different city so i have terminated my housing contract. Now i have no job, and soon no place to live.

 

Why did you terminate your rental contract before you even signed the employment contract?

 

1 hour ago, tremlanquer said:

What are my options? 

 

Look for another job.

4

Share this post


Link to post
Share on other sites

I terminated the rental contract because in their email they stated I was to start from September 1st. Subsequently, they postponed the start-date to Oct 1st. Considering i've to serve 3 months notice, it made practical sense to terminate my rental contract at the earliest. 

 

 

0

Share this post


Link to post
Share on other sites
1 minute ago, tremlanquer said:

I terminated the rental contract because in their email they stated I was to start from September 1st. Subsequently, they postponed the start-date to Oct 1st. Considering i've to serve 3 months notice, it made practical sense to terminate my rental contract at the earliest.

Rescind your termination and ask to stay on where you are. Won't the landlord keep you on? It will save them the hassle of having to advertise the flat.

2

Share this post


Link to post
Share on other sites

When you got the offer, didn't you ask about the contract? Apparently, 4 weeks passed without you receiving anything which would make me wary after 1 week already. The conduct of this "great" institution is also more than questionable. It can't hurt to ask a lawyer.

0

Share this post


Link to post
Share on other sites
30 minutes ago, LukeSkywalker said:

When you got the offer, didn't you ask about the contract? Apparently, 4 weeks passed without you receiving anything which would make me wary after 1 week already. The conduct of this "great" institution is also more than questionable. It can't hurt to ask a lawyer.

 

I did follow up with the Institue about the Contract 3 times because I needed to present it in order to sign the new rental agreement. Their first response was that everyone is on holiday over the summer. They did not respond to my second follow up. The third time I decided to call this morning and you know the rest of the story. 

 

I agree about their conduct. I suppose it was best it didn't work out 

 

Thank you all for your help. I really appreciate it.  I will contact a lawyer from the website linked above, let the property manager know i would like to stay on and resume my search for a job. 

 

P.S. I've yet to receive an official mail from them regarding this

0

Share this post


Link to post
Share on other sites

I found this article :   https://karrierebibel.de/schriftliche-zusage/  maybe it will shed some light. It seems that as long as you can prove it (and you have the email) then it is to an extend  binding.

 

But I think the biggest issue is what's stated in the last paragraph. Even though you have proof, and somehow you force them either be discussing or through lawyer to give you the job, then they can fire you during the Probezeit.

4

Share this post


Link to post
Share on other sites
29 minutes ago, LukeSkywalker said:

It can't hurt to ask a lawyer.

 

I'm not sure how it can help. Even if they give him a contract they can terminate it on the first day without providing a reason.

 

More importantly, the academic community is not that large in Germany and trying to force the institute to keep their promises could backfire on the OP.

1

Share this post


Link to post
Share on other sites

I mentioned it, because IMO the email from HR is binding and a lawyer can explain the options to the OP and use his experience what possibly are the next steps. 

 

@tremlanquer: you can write a review on kununu about your experience. It's anonymous.

2

Share this post


Link to post
Share on other sites
On 25.8.2020, 16:48:24, LukeSkywalker said:

When you got the offer, didn't you ask about the contract? Apparently, 4 weeks passed without you receiving anything which would make me wary after 1 week already. The conduct of this "great" institution is also more than questionable. It can't hurt to ask a lawyer.

If the university is a public institution, the timeline is quite normal. It took approximately four weeks for everything to go through the proper channels and for me to finally sign my contract, and according to my colleagues, that was unbelievably fast. They’d never seen anything go through that quickly before 😳

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now